Multiple-entry tourist visa does not guarantee entry into India

The Delhi High Court has ruled that a foreign national cannot claim a legal right to enter India or obtain a visa simply because they were previously granted a multiple-entry tourist visa or because that visa remains valid. According to a report by the Hindustan Times, the court dismissed a petition filed by an American citizen on November 4.

In a seven-page order delivered on November 5 and released on Tuesday, the bench of Justice Amit Mahajan stated that granting visas, denying entry, or providing clearance at immigration is a sovereign function of the state. This process is linked to issues of national security, foreign policy, and administrative discretion. The court added that the Central Government is entitled to consider all relevant factors that necessitate an investigation.

In this case, the petitioner, an American citizen, had sought directions to the Central Government to allow her entry into India. She stated in her petition that she had been granted a multiple-entry tourist visa on November 28, 2022, which was valid until November 27, 2032. She claimed that during her visits to India, she had not engaged in any activity that violated the visa conditions.

However, on January 23, 2024, while she was departing from Chennai airport, immigration officials informed her that her total stay in India in 2023 had exceeded the prescribed limit of 180 days. The petitioner stated that she had paid the stipulated fine, but she was not given any order or exit permit.

Subsequently, when she arrived at Bengaluru airport on November 4, 2024, she was denied entry and was verbally informed that she could only return to India after April 9, 2026.

The petitioner further submitted that she had suffered a fall at her residence in Bali, due to which a hospital in Coimbatore had invited her to apply for a medical/Ayush visa for treatment in India. On June 6, she applied for a 60-day e-medical/Ayush visa for Panchakarma treatment at the Vaidyagram Ayurveda Healing Village in Coimbatore, but her application was rejected without providing any reason.

While dismissing the petition, the court stated that it is not the function of this court under judicial review to substitute the assessment of the competent authority in the matter of a foreign national's entry. The court clarified that merely possessing a visa does not grant an absolute or unconditional right to enter India.